Exact Online App Center Terms And Conditions Of Use Rev. July 2016

Transcript

EXACT ONLINE APP CENTER TERMS AND CONDITIONS OF USE REV. JULY 2016 www.exact.com 2 EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE EXACT ONLINE APP CENTER TERMS AND CONDITIONS OF USE This document sets forth your legal agreement between Exact Holding N.V., along with its subsidiaries, divisions, and affiliates ("Exact"). As used herein, “You” or “Your” refers to the Exact Online App Center (“App Center”) user, whether an individual Exact Online Services subscriber or an Exact business partner that is granted access to the Exact Online Services and the App Center. Your use of the App Center and any related services thereto is governed under the following terms and conditions (the “App Center Terms”). These App Center Terms are in addition to the applicable terms and conditions for the Exact Online App and Exact Online Services (collectively, the “Terms of Use”). In the event of a conflict between these App Center Terms and the terms and conditions applicable to the Exact Online App and/or the Exact Online Services (“EOL”), the App Center Terms shall prevail solely with respect to Your use of the App Center. discussion forums, information, or published Apps independently developed and provided by third party owners and contained on or available through this App Center (collectively, the "Content") or transactions concluded through this App Center. Such specific terms may supplement these App Center Terms; or, where inconsistent with these App Center Terms, such specific terms will supersede these App Center Terms only to the extent that the content or intent of such specific terms is inconsistent with these App Center Terms. Exact reserves the right to make changes or updates with respect to or in the Content of the App Center or the format thereof at any time without notice. Exact reserves the right to terminate or restrict access to the App Center for any reason whatsoever at its sole discretion. Registration Acceptance of Terms of Use By accessing and using this App Center You agree to be bound by the following App Center Terms, including all terms and conditions contained in or referenced herein, or any additional terms and conditions set forth on this App Center, and all such terms shall be deemed accepted by You. Additional terms that apply to your use of the App Center include, but are not limited to, Exact’s Cookie and Privacy Policies, and any legal disclaimers, each of which is incorporated by reference in these App Center Terms. IF YOU DO NOT AGREE TO THESE APP CENTER TERMS, YOU SHOULD NOT USE THIS APP CENTER. IF YOU DO NOT AGREE TO ANY ADDITIONAL SPECIFIC TERMS which apply to particular Content (as defined below) or to particular transactions concluded through this App Center, THEN YOU SHOULD NOT USE the part of the App Center which contains such Content or through which such transactions may be concluded, and You should not use such Content or conclude such transactions. In order to access the App Center (other than passive browsing) and become a registered user, You must create an App Center account with Exact. When You submit Your completed registration application, You will be asked to provide Your EOL username and a password. You are responsible for safeguarding Your password and You agree not to disclose Your password to any third party. You understand and agree that upon creating an App Center account with Exact as provided herein, Your information from EOL will be shared with Exact for purposes of providing you access to the App Center. You agree that You will be solely responsible for any activities or actions taken under Your username and password, whether or not You have authorized such activities or actions. You will immediately notify Exact of any unauthorized use of Your username and password. You agree that information that You provide to Exact upon submission of Your App Center registration application, and at all other times, will be true, accurate, current and complete. These App Center Terms may be revised and updated from time to time by Exact. Such amended App Center Terms shall be effective upon Exact’s posting of such amended terms on this App Center. Please check the App Center Terms published on this App Center regularly to ensure that You are aware of all terms governing Your use of this App Center. Other Exact Web sites may have their own terms of use or privacy statement, which apply to such Web sites. Also, specific terms and conditions may apply to specific content, products, materials, services, By completing a registration application for the App Center, You acknowledge that You are authorized to share any personally identifiable information provided to Exact with Your registration application, and You consent to Exact using the information You provide for the purpose of validating Your access to the App Center, subject to Exact’s privacy policy as referenced and incorporated herein. You also agree to comply with all applicable laws and regulations – including without limitation those concerning privacy, data security and the sharing of personal information – 3 4 EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE that pertain to You for the country or jurisdiction in which You reside or from which You will access the App Center. Submitting Your App for Publication App Center users (including business partners and individual subscribers) may be given the right to create and publish an application (“App”) on the App Center as described in Exact’s Terms of Use. Final publication of any App is subject to review and approval by Exact. If You elect to create and submit Your App (as defined below) to Exact as part of the App Center application process, You grant to Exact the right to use Your App for purposes of testing and evaluating Your App to generally determine compatibility and suitability in relation to the EOL. You hereby agree to cooperate with Exact upon any submission to Exact of Your App and to answer Exact Software’s questions and provide information and materials reasonably requested by Exact regarding Your App, or regarding Your compliance with the terms and conditions of this Agreement. Exact may, in its sole discretion, reject Your App for any reason. By submitting Your App for publication, You agree that Your access to and use of information and data You receive from EOL and/or the Exact Online App will be limited to the sharing of information and data that is expressly consented to by the end user of Your App, and will meet these minimum requirements: a. You will only request data You need to operate Your App. b. You will have a privacy policy that tells users what user data You are going to use and how You will use, display, share, or transfer that data and You will include Your privacy policy URL with Your App. c. You will not use, display, share, or transfer a user’s data in a manner inconsistent with Your privacy policy or any applicable privacy or data security laws for the jurisdiction in which You reside or conduct business. d. You will delete all data You receive from Exact concerning a user if the user asks You to do so, and You will provide a mechanism for users to make such a request. e. You will not sell or transfer user data. f. Exact can require You to delete user data if You use it in a way that Exact determines, in its sole discretion, is in violation of the Terms of Use, is inconsistent with Exact and/or its users’ expectations, or is in violation of any applicable laws or regulations. g. You will provide customer support for Your App, including maintenance and regular updates that are necessary or appropriate to the functioning of Your App, and You will be solely responsible for such support. Exact may create Apps or software that offer similar features and functionalities to Your App, or otherwise compete with Your App. Your App Upon receiving approval from Exact following a submission by You of Your registration application (“Your App”) that is developed by You to be complementary in nature and adding significant value to the Exact Online app and services, You are hereby authorized by Exact to post a link to Your App after submission and approval by Exact in accordance with Exact’s registration application process, as the same is set forth by Exact in its sole discretion from time to time. You understand and agree that Exact may elect to assess a fee in connection with Your use and access to the App Center at any time in the future, and/or assess a fee for including a link on the App Center to Your App. Upon approval of Your App, You are hereby granted a non-exclusive, royalty-free, revocable, non-transferable license to use Exact’s trademarks, logos and trade names in connection with promotion of Your App, subject to Exact’s trademark and logo use guidelines and subject to prior written consent of Exact. Notwithstanding any approval from Exact of Your App, You are solely responsible for Your App and its content. You understand and agree that any approval of Your App by Exact shall in no way imply an endorsement of Your App, Your organization, or Your product or Your service offerings; and approval does not relieve You of any of Your obligations under this Agreement. You further understand and agree that Exact has the right in its sole discretion to revoke any approval of Your App at any time without penalty. You hereby grant to Exact a non-exclusive, royaltyfree, worldwide license to host and use Your trademarks, service marks, logos, trade names, copyrighted content, hypertext links, domain names, icons, buttons, banners, graphic files and images on the App Center or otherwise, in Exact’s sole discretion, including the ability to frame Your App or generate advertisements and presentations related to Your App. If You provide any of the foregoing with Your App that includes intellectual property owned by any EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE third party, You represent and warrant to Exact that You have secured the right to provide the third party owner’s intellectual property to Exact for publication in the App Center, and You agree to indemnify Exact against any third party claims of infringement, or violation or misappropriation of a third party owner’s intellectual property rights so provided. User Materials Any material or information sent through or in connection with this App Center by You ("User Materials"), excluding Your App, as defined herein below, will be treated as non-confidential and non-proprietary, and immediately become the property of Exact, subject to the applicable Privacy Statement posted on this App Center. To the extent You own or otherwise hold license rights in any User Materials so provided that are not subject to Exact’s ownership or Your assignment at the time you send these User Materials in connection with the App Center, You agree to grant Exact a non-exclusive, worldwide, royalty free, perpetual license to use the User Materials in connection with Exact’s provision of the App Center and the EOL. Exact may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials. This App Center may contain references to specific Exact products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact Your local Exact business representative for further information. Using an App You understand and agree that Your use of an App that You may access via the App Center (either an App published by Exact or a third party) may be subject to additional terms and conditions, including terms and conditions of a third party licensor, with respect to Your use of such App. Further, You understand and agree that Your ability to access a third party App on this App Center does not imply endorsement or support of any such third party App by Exact. As a user of the App Center You may be given the option to allow the transfer of information and data to/from Your EOL account, the Exact Online App, data stored in Your own information technology environment (whether on Your own servers or hardware, or hosted in a Cloud or SaaS environment), and any App or other tool You elect to download or try as published on or through the App Center. Prior to allowing the transfer of data to/from Your App or any application provided by Exact or a third party as published in the App Center, You will be prompted to provide Your consent. By providing consent, You agree to allow Exact to log and maintain a permanent record of Your consent, and You agree to be responsible for any transfer of information and data to/from Your EOL account, Your App or any App for which You have provided Your consent. You are entitled to modify Your consent with respect to access to Your EOL account at any time by updating Your consent under the settings for Your EOL. Exact is not responsible for any loss of, damage to, or disclosure of or misappropriation of any information or data that is transferred to/from any App for which You have granted Your consent. Additionally, Exact is not responsible for the acts or omissions of any third party in connection with Your use of an App that You access through the App Center or for the features, functionality, availability, or security of any app that You access through the App Center, which is at Your sole risk. Laws and Regulations; Export Compliance Your access to and use of this App Center is subject to all applicable international, federal, state and local laws and regulations. You agree not to use the App Center in any way that violates such laws or regulations. Without limiting the generality of the foregoing, You hereby acknowledge that the App Center contains Content that is subject to U.S. Export Administration Regulations (EARs), and other export laws, restrictions, and regulations for the countries in which Exact hosts the App Center or where you may access the App Center, which may include prohibitions on the export of Content to individuals or entities listed on any banned parties list, or nations listed on any banned nations list. You hereby agree that You shall at all times comply with all relevant export laws, restrictions and regulations. Copyright Notice Copyright in the screen shots and style sheets for each of the web site pages contained in the App Center, together with all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs), rest exclusively with Exact (or its affiliates, subsidiaries or divisions) or its Content licensors. You acknowledge and agree 5 6 EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE that the App Center, and any Content made available to You therein, may contain software, components, APIs or services made available by third parties, and that in connection with Your use of such software, components, APIs or services additional terms and conditions of third party owners or licensors shall also apply to Your use of the App Center. All rights in the Content not expressly granted herein are reserved. Except as stated herein, none of the material may be copied, reproduced, modified, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Exact or any third party licensor or copyright owner. All copyright and other proprietary notices shall be retained on all permitted reproductions. Permission is granted to display, copy, distribute and download the materials on this App Center for personal, non-commercial use only; provided You do not modify the materials and that You retain all copyright and other proprietary notices contained in the materials. You also may not, without Exact's permission, "mirror" any material contained on this App Center on any other server. This permission terminates automatically if You breach any of these terms or conditions. Upon termination, You must immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this App Center may violate copyright laws, trademark laws, or laws, regulations, or statutes governing privacy and communications. In connection with the App Center, Exact may make available to You Content or Software that includes software components, applications, interfaces, APIs and other tools that are considered to be Open Source Software (“OSS”) governed by applicable OSS licenses. Where provided, any portion of Content or Software that contains OSS will be governed by the applicable OSS license terms and conditions provided in a license notice file that may be viewed in Appendix 1, or otherwise distributed with any Content or Software. You agree to fully comply with and abide by all terms and conditions that apply to any Content or Software that contains OSS. Trademarks Unless otherwise indicated, all trademarks, service marks and logos displayed on the App Center are deemed to be the registered and unregistered trademarks of Exact (or its affiliates, subsidiaries or divisions), its licensors, or any third party referred to thereon. These include each of Exact’s primary product brands and service offerings and its corporate logos and emblems. By accepting the App Center Terms You acknowledge that some Content, which may include published Apps that have been independently developed and provided by third party owners, may contain the trademarks, service marks, and logos of their third party owners. Where so provided, rights to use these trademarks, service marks, and logos are expressly reserved to and vested in the third party owners. Rules and Conduct Except as expressly permitted herein regarding Your use of the App Center, and (if applicable) in posting a link to Your App, You will not: a. intentionally or unintentionally post, transmit, link to, or otherwise distribute any materials or information, commit or encourage any act or conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the App Center in a manner which is contrary to any local, national or international law or regulation or which would serve to restrict, interfere with, or inhibit any other user from using or enjoying the App Center or the Internet; b. defame, abuse, stalk, harass, threaten or otherwise cause distress or discomfort to, or violate the legal rights (including without limitation, rights relating to privacy and publicity, defamation or libel) of others; c. post, transmit, link to, or otherwise distribute any material or information inappropriate, vulgar, profane, abusive, threatening, hateful, defamatory, infringing, obscene, indecent, objectionable or unlawful material or information; d. post, transmit, link to, or otherwise distribute any information or software which contains a virus, timebomb, cancelbot, trojan horse, worm or other harmful or disruptive component, or otherwise interfere or attempt to interfere with the operation of the App Center in any way through any means or device, including spamming or hacking; e. upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the App Center, or any derivative work or portion thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or right holder; EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE f. disrupt the normal flow of dialogue or otherwise act in a matter that negatively affects other users of the App Center; g. post, transmit , link to, or otherwise distribute any unsolicited advertising, promotional material or other forms of solicitation other than links to Your App as permitted herein or as may be otherwise expressly approved by Exact; h. invade or violate any personal or proprietary right of any person or entity; i. probe, scan or test (or attempt to do so) the vulnerability of the App Center; j. use the App Center to invade the privacy of or obtain personal information about any App Center user or to obtain a list of App Center users; and k. impersonate or falsely represent Your association with any person, including another user of, or a representative or forum moderator of the App Center. Discussion Forums The App Center may include a discussion forum or other social features to interact with other App Center users and exchange information with other users of the App Center and the public. Exact is not responsible for the content in these discussion forums. Please use respect when You interact with other users, and avoid revealing information that You do not want to make public. Users may post hypertext links to content of third parties for which Exact is not responsible. In its sole discretion, Exact may remove or delete from discussion forums (or other areas of the App Center) any content posted that it deems to be offensive or contrary to Exact’s purpose in making the App Center available, or for which it has received a Digital Millennium Copyright Act take-down notice, or any other form of notice asserting the infringement of any third party’s copyright or other intellectual property rights in posted content. Tampering You agree not to modify, move, add to, delete or otherwise tamper with the information contained in the App Center. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the App Center. Indemnity You agree to defend, indemnify, and hold harmless Exact, its affiliates, subsidiaries, and divisions, and each of their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleged or confirmed, resulting from Your use of the Content (including software), Your use of an App, Your breach of the Terms of Use, or for any third party claim of copyright, trademark, or any other intellectual property infringement arising out of or in connection with Your App. Exact shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at Your expense, in defending any such claim, suit or proceeding. Third party information Information on the App Center includes information supplied by independent third parties. While Exact makes every reasonable effort to insure the accuracy of all information on the App Center, Exact makes no warranty as to the accuracy of any such information, and is not responsible for injuries or harm You may suffer in relying on information supplied by independent third parties. Links to third party sites This App Center may contain links that will let You access other Web sites (including Apps submitted by other App Center users) that are not under the control of Exact. If You elect to click on a link that redirect You to other Web sites, whether for the purpose of downloading an App published at the App Center, or for any other reason, You understand that Exact may prompt You to acknowledge notice that You are leaving the App Center. Whether or not You are prompted to acknowledge notice, by accepting these App Center Terms You agree that links to third party sites are only provided as a convenience and Exact does not endorse any of these sites. Exact assumes no responsibility or liability for any material that may be accessed on other Web sites reached through this App Center, nor does Exact make any representation regarding the quality of any product, App, or service contained at any such site. Links from third party sites Exact prohibits unauthorized links to the App Center and the framing of any information contained on the site or any portion of the App Center, except as expressly permitted by Exact herein. Exact reserves the right to disable any unauthorized links or frames that You or any other user makes available via a link to Your App or any external third party site. Exact has no responsibility or liability for any material on other Web sites that may contain links to this App Center. 7 8 EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE No warranties Although care has been taken to ensure the accuracy of information on this App Center, Exact assumes no liability with regard thereto. Information and documents provided on this App Center are provided "AS IS" and “AS AVAILABLE”. EXACT HEREBY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR AS TO OPERATION OR CONTENT. Exact uses reasonable efforts to include accurate and upto-date information on this App Center; it does not, however, make any warranties or representations as to its accuracy or completeness. Exact periodically adds, changes, improves, or updates the information and documents on this App Center (including but not limited to products, pricings, programs, events, and offers) without notice. Exact assumes no liability or responsibility for any errors or omissions in the content of this App Center. Your use of this App Center is at Your own risk. LIMITATION OF LIABILITY; DISCLAIMERS UNDER NO CIRCUMSTANCES SHALL EXACT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, OR DIVISIONS, BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS APP CENTER OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF EXACT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST EXACT PERTAINING TO OR IN CONNECTION WITH THIS APP CENTER MUST BE COMMENCED AND NOTIFIED TO EXACT IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. THE APP CENTER IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND YOUR USE OF THE APP CENTER AND ANY APP ACCESSIBLE HEREIN IS AT YOUR OWN RISK. EXACT DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXACT DOES NOT WARRANT THAT THE APP CENTER WILL BE UNINTERRUPTED, ERROR-FREE, AVAILABLE, OR COMPLETELY SECURE. Privacy Protecting the privacy of our clients and users of our App Center is important to Exact. The Exact Privacy Statement, as updated and amended from time to time, which can be found on this App Center at http:// www.exact.com/privacy-statement and is applicable to the use of this App Center, describes how we use and protect information You provide to us. Security The security of information transmitted through the Internet can never be guaranteed. EXACT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS APP CENTER OR ANY APP ACCESSIBLE ON THIS APP CENTER. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. EXACT DOES NOT WARRANT THAT THE APP CENTER, ANY APP ACCESSIBLE HEREIN, OR THE SERVERS, WHICH MAKE THIS APP CENTER AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY EXACT ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Exact is not responsible for any interception or interruption of any communications through the Internet or for changes to or loss of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of Exact sites. In order to protect You and Your data, Exact may suspend Your use of a client site, without notice, pending an investigation, if any breach of security is suspected. Transmission of personal data You acknowledge and agree that by providing Exact, or the third party publishers of any App made available on the App Center, with any personally identifiable information through the App Center, You agree to comply with all applicable laws pertaining to privacy and data security, and You consent to the transmission of such personally identifiable information over international borders (outside of the EEA) as necessary for processing in accordance with Exact's standard business practices and the applicable Privacy Statement. EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE Access to password protected/secure areas Access to and use of password protected and/ or secure areas of the App Center is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution. Specific software available on this App Center Any software that may be made available to download from the App Center (the "Software") is the copyrighted work of Exact and/or a third party providing that Software. Software made available for downloading from or through this App Center is licensed subject to the terms of the applicable license agreement, which may accompany or be included with the Software ("License Agreement"). An end user may be unable/not allowed to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Except as set forth in the applicable License Agreement, the Software is made available for use by end users only and any further copying, reproduction or redistribution of the Software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. EXACT HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE. Jurisdiction; Governing law These Terms of Use shall be governed by and construed in accordance with the laws of The Netherlands without regard to its principles of conflict of laws. You agree that any disputes in connection with this agreement or its enforcement shall be resolved in a court of competent jurisdiction in The Netherlands. In the event that any provision of the Terms of Use are deemed by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion of the Terms of Use shall be considered to be modified as closely as possible to the intent of the current Terms of Use and the remainder of the Terms of Use shall remain in full force and effect. 9 10 EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE APPENDIX 1 ANTLR 3.5.0.2 [The BSD License] Copyright (c) 2010 Terence Parr All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. • Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. RESPOND 1.3.0 Copyright © 2012 Scott Jehl Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use,copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. AUTOFAC 3.3.0 Copyright © 2007-2012 Autofac Contributors http://code.google.com/p/autofac/wiki/Contributing Other software included in this distribution is owned and licensed separately, see the included license files for details. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use,copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE BOOTSTRAP 3.0.0 Copyright © 2011-2014 Twitter, Inc. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THEAUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHERLIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. JQUERY 2.1 Copyright (C) 2014 jQuery THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. JQUERY VALIDATION 1.11.1 Copyright (C) 2013 Jörn Zaefferer Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE JQUERY UI 1.10.4 Copyright © 2014 jQuery Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. JQUERY TIMEPICKER Copyright (C) 2014 jQuery Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. 11 12 EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. JQUERY QTIP 2.1.1.1 Copyright (C) 2014 jQuery Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. MICROSOFT AZURE SEARCH LIBRARY V1.1.2 Copyright © 2015-2016 Microsoft Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. MODERNIZER 2.7.1 Copyright © 2009–2013 Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THEAUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHERLIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. OWIN 2.1 MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT .NET LIBRARY These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE PERPETUAL RIGHTS BELOW. 1. INSTALLATION AND USE RIGHTS. a. Installation and Use. You may install and use any number of copies of the software to design, develop and test your programs. b. Third Party Programs. The software may include third party programs that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. DISTRIBUTABLE CODE. The software is comprised of Distributable Code. “Distributable Code” is code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. • You may copy and distribute the object code form of the software. • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. 3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; • transfer the software or this agreement to any third party; or • use the software for commercial software hosting services. 4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, seewww.microsoft.com/exporting. 7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 13 14 EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE 8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 9. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French. Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne : • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et FOR AUSTRALIA – YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS. 12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion cidessus ne s’appliquera pas à votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas. NEWTONSOFTJSON 6.0.1 The MIT License (MIT) Copyright © 2007 James Newton-King Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so,subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. WEBGREASE 1.6.0 The WebGrease v1.6.0 component is provided under the following license provisions: Copyright 2004 The Apache Software Foundation Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS,WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. <> ENTITY FRAMEWORK 6.0 MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT .NET LIBRARY These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE PERPETUAL RIGHTS BELOW. 15 16 EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE 1. INSTALLATION AND USE RIGHTS. a. Installation and Use. You may install and use any number of copies of the software to design, develop and test your programs. b. Third Party Programs. The software may include third party programs that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. DISTRIBUTABLE CODE. The software is comprised of Distributable Code. “Distributable Code” is code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. • You may copy and distribute the object code form of the software. • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. 3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; • transfer the software or this agreement to any third party; or • use the software for commercial software hosting services. 4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, seewww.microsoft.com/exporting. EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE 7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 9. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FOR AUSTRALIA – YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS. 12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French. Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne : • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et 17 18 EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas. ADOBE TYPEKIT FONTS Use of the Adobe Typekit Fonts component is subject to the Adobe General Terms of Use (last updated October 16, 2012) and the Adobe Typekit Services Agreement (last updated June 1, 2013), available at the following URLs: http://www.adobe.com/misc/terms.html http://www.adobe.com/products/eulas/tou_typekit/ Copyright © 2014 Adobe Systems Incorporated. All rights reserved RATEIT 1.0.19 Use of the RateIt v1.0.19 software component is governed by the following MIT License: The MIT License (MIT) Copyright (c) 2013 Gideon Junge THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE LOG4NET 2.0.3 Copyright © 2004 The Apache Software Foundation Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. IMAGERESIZER 3.4.2 Copyright (c) 2012 Imazen Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: 1. The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. 2. Sale, public distribution, marketing, and publishing of derivative works are not permitted if those works directly and primarily compete with previously published product offerings of the authors (Imazen LLC and Nathanael Jones). To comply with this clause, compare the purpose of your derived product to the purpose of each of the products listed on http://imageresizing.net/ and http://imazen.io. If the purpose or marketing EXACT ONLINE APP CENTER | TERMS AND CONDITIONS OF USE of the products are similar, then you should contact [email protected] for written clarification and permission (provided free of charge). An example prohibited action would be selling a derived version of the ImageResizer which included a disk caching plugin (since that behavior is provided by an pre-existing plugin). If you are the 'first to market', however, you do not have to worry about retroactively being in violation of the license. This no-backstabbing clause is included to insure continued maintenance and improvement of the software. This clause does not apply if the author is deceased, or if said products are no longer offered or maintained (reverting to the standard MIT license). THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. FITVIDS 1.0 WTFPL Version 2, December 2004 © 2004 Sam Hocevar http://www.wtfpl.net/txt/copying/ DROPZONE 3.8.3 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE DOTLESS 1.3.1 Copyright © 2004 Apache Software Foundation Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. BXSLIDER 4.1.1 WTFPL Version 2, December 2004 Dropzone is licensed under MIT. Copyright (C) 2004 Sam Hocevar Copyright © 2012 Matias Meno Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. 19 Exact builds business software for SMEs and their accountants. Our innovative technology is aimed at specific business needs, providing an overview of today and insights into the opportunities of tomorrow. Exact inspires businesses to grow. Our 1,600 employees love, share and support our customers’ ambition. Like them, we aim high. Like them, we aspire to lead the way. That’s how we know it’s a bumpy road to success. And that’s why we build software to help smooth it out, enabling our customers from all over the world to grow. Exact. Cloud business software. www.exact.com Exact Molengraaffsingel 33 2629 JD Delft Nederland Tel: +31 15 711 50 00 E-mail: [email protected] Website: www.exact.com © Exact Group B.V., 2016. All rights reserved. All trademarks mentioned herein belong to their respective owners. MCL610901EN003